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GS Paper: Intellectual Property Rights

  • What was the tussle over Covaxin IPR?

    Why in the News?

    • Bharat Biotech International Limited (BBIL), maker of the indigenous coronavirus vaccine Covaxin, admitted to an “inadvertent error” in patent filings. The error involved failing to include scientists from the Indian Council of Medical Research (ICMR) as co-inventors in the patent filings.

    COVAXIN Story

    • BBIL patented the process of making a batch of vaccines from virus strains provided by ICMR-NIV (National Institute of Virology).
    • ICMR-NIV’s role involved extracting viruses, identifying characteristics, conducting tests, and qualifying strains for vaccine development.
      • ICMR funded these clinical trials with ₹35 crore and incurred costs in developing Covaxin.
      • In return, ICMR was to receive 5% of the royalties BBIL earned from the sale of Covaxin.

    Vaccine Patents in India 

    • In India, patents, including those for vaccines, are governed by the Patents Act, 1970, and its subsequent amendments.
    • This act aligns with the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) under the World Trade Organization (WTO).

    Key Provisions of the Patents Act, 1970:

    • Patentable Inventions:
        • An invention must be novel, involve an inventive step, and be capable of industrial application.
        • Section 3 of the Patents Act outlines what are not considered inventions, which includes methods of treatment, and processes for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic, or other treatments of human beings.
    • India grants both process and product patents:
      • Product Patents: Grant a monopoly over a specific drug.
      • Process Patents: Prevent competitors from using the same sequence of steps to create a similar product.
    • Compulsory Licensing:
      • Under Section 84, compulsory licenses can be issued if the patented invention is not available to the public at a reasonably affordable price, or if the reasonable requirements of the public are not being met.
    • Bolar Provision:
      • Section 107A allows the use of patented inventions, including vaccines, for the purpose of research and development to obtain regulatory approval before the patent expires.

    Why was the ICMR not included?

    • Bharat Biotech initially excluded ICMR from patent applications because they viewed the ICMR’s role primarily as providing virus strains and conducting clinical trials, rather than being directly involved in the technical processes of vaccine development.
    • There might have been a miscommunication or oversight regarding the understanding of intellectual property rights and inventorship between BBIL and ICMR initially.

     

    PYQ:

    [2013] Bringing out the circumstances in 2005 which forced amendment to the section 3(d) in Indian Patent Law, 1970, discuss how it has been utilized by the Supreme Court in its judgement in rejecting Novartis’ patent application for ‘Glivec’. Discuss briefly the pros and cons of the decision. (200 words)

    [2014] In a globalized world, Intellectual Property Rights assume significance and are a source of litigation. Broadly distinguish between the terms—Copyrights, Patents and Trade Secrets.

  • Recently Awarded GI Tags

    Why in the news?

    What is a GI Tag?

    • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
    • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
    • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
    • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
    • The tag stands valid for 10 years and can be renewed.

    Various GI Tags Awarded:

    Details
    Bihu Dhol (Assam) Traditional drum used during Bihu festivals
    Jaapi (Assam) Bamboo headgear worn in rural Assam
    Sarthebari metal craft (Assam) Traditional metal craft producing utensils and artifacts
    Mishing handloom products (Assam) Handwoven textiles including shawls and sarees
    Asharikandi terracotta craft (Assam) Terracotta pottery and decorative items
    Pani Meteka craft (Assam) Brass and copper utensils adorned with intricate designs
    Bodo Dokhona (Assam) Traditional attire of Bodo women
    Bodo Eri silk (Assam) Silk fabric produced from eri silkworms, known for its soft texture and eco-friendly production
    Bodo Jwmgra (Assam) Traditional scarf worn by Bodo community members
    Bodo Gamsa (Assam) Traditional dress of Bodo men
    Bodo Thorkha (Assam) Traditional musical instrument made from bamboo or wood
    Bodo Sifung (Assam) Long flute used in traditional Bodo music
    Banaras Thandai (Uttar Pradesh) Traditional drink made from milk, nuts, seeds, and spices
    Banaras Tabla (Uttar Pradesh) Pair of drums used in classical Indian music
    Banaras Shehnai (Uttar Pradesh) Traditional wind instrument used in Indian classical music
    Banaras Lal Bharwamirch (Uttar Pradesh) Red chili grown in the Banaras region
    Banaras Lal Peda (Uttar Pradesh) Popular Indian sweet made from condensed milk and sugar
    Pachra-Rignai (Tripura) Traditional dress worn by women, consisting of a wrap-around skirt and blouse
    Matabari Peda (Tripura) Sweet delicacy made from condensed milk, sugar, and ghee
    Garo Textile weaving (Meghalaya) Traditional weaving craft practiced by the Garo tribe
    Lyrnai Pottery (Meghalaya) Traditional pottery making characterized by unique designs and techniques
    Chubitchi (Meghalaya) Traditional dish made with meat, local herbs, and spices

     

    PYQ:

    Which of the following has/have been accorded ‘Geographical Indication’ status? (2015)

    1.    Banaras Brocades and Sarees

    2.    Rajasthani Daal-Bati-Churma

    3.    Tirupathi Laddu

    Select the correct answer using the codes given below:

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 only 3 only

    (d) 1, 2 and 3

     

    India enacted The Geographical Indications of Goods (Registration and Protection) Act, 1999 in order to comply with the obligations to (2016):

    (a) ILO

    (b) IMF

    (c) UNCTAD

    (d) WTO

     

    Practice MCQ:

    Consider the following statements about the Geographical Indications (GI) Tag:

    1.    The Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry is the nodal agency for GI.

    2.    A GI tag stands valid for 10 years and cannot be renewed.

    Which of the given statements is/are correct?

    (a) Only 1

    (b) Only 2

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

  • Patent (Amendment) Rules, 2024: Key Highlights

    In the news-

    • The Patent (Amendment) Rules, 2024 were recently published in the Gazette of India, making crucial changes in the Indian patent regime.

    Context:

     

    2023 emerged as a landmark year for intellectual property rights (IPR) in India, reflecting the nation’s commitment to innovation and creativity.

     

    • 1 Lakh Patents filed: The Indian Patent Office has achieved a significant milestone this year by granting over 1 lakh patents in a year for the first time.
    • Sector-wise Breakdown: The highest number of patents, 47,993, were granted in the electrical and related field of invention, followed by mechanical (37,714), chemical sciences (12,028) and Biotech (3,576) categories.

    Key Amendments Introduced:

    • Revised Timeline for Request for Examination: The period for submitting a Request for Examination (RFE) in a patent application has been shortened from 48 months to 31 months from the earliest priority date.
    • Streamlined Applications: Patent applicants now need to furnish details of corresponding applications solely twice using Form 3.
    • Introduction of ‘Certificate of Inventorship’: This new provision acknowledges the contributions of inventors to patented innovations.
    • Reduction in Advance Renewal Fees: A discount of 10% on renewal fees is offered if paid electronically in advance for a minimum of four years.
    • Decreased Frequency of Patent Working Statements: The requirement to file statements of working patents has been reduced from annually to once every three financial years.
    • Enhanced Authority of Controller: The Controller is now empowered to extend specified periods and excuse delays for up to six months.
    • Amendments to Opposition Procedures: Adjustments have been made to the time frames for submitting recommendations by an Opposition Board and the response period for applicants in both pre-grant and post-grant opposition procedures.

    What are Patents?

    • A patent is a legal right granted by a government to an inventor or assignee, giving them exclusive rights to an invention for a limited period.
    • It provides the inventor with the right to exclude others from making, using, selling, or importing the patented invention without their permission.
    • In essence, a patent acts as a form of intellectual property protection for inventions, allowing inventors to control and commercialize their creations.
    • Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted.

    Indian Patent Regime: A Backgrounder

    • Indian patents are governed by the Indian Patent Act of 1970.
    • India has gradually aligned itself with international regimes pertaining to intellectual property rights.
    • In 1995, India became a party to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement following its membership to the World Trade Organisation on January 1, 1995.
    • An interesting point is that the original Indian Patents Act did NOT grant patent protection to pharmaceutical products to ensure that medicines were available at a low price.
    • Patent protection of pharmaceuticals were re-introduced after the 2005 amendment to comply with TRIPS.

    Filing a Patent: Key Terms

    • Patentable Subject Matter: Under the Indian Patents Act, inventions related to products, processes, methods, and applications in all fields of technology are patentable, provided they are novel, involve an inventive step, and are capable of industrial application.
    • Patent Office: The Indian Patent Office, under the Department for Promotion of Industry and Internal Trade (DPIIT), administers the patent system in India. It operates through four branches located in Kolkata, Mumbai, Delhi, and Chennai, with the Controller General of Patents, Designs & Trade Marks overseeing patent-related matters.
    • 20-Year Validity: Patent protection is granted for a limited period, generally 20 years from the filing date of the application.

    Various Agreements

    India is also a signatory to several IPR-related conventions, including-

    1. Berne Convention (1886) The Berne Convention for the Protection of Literary and Artistic Works, established in 1886, is an international treaty governing copyright.
    2. Budapest Treaty (1977): It aims to facilitate the international recognition of patents relating to microorganisms by providing a centralized deposit system for the storage and distribution of biological materials.
    3. Paris Convention for the Protection of Industrial Property (1883): It aims to harmonize and standardize the protection of industrial property, including patents, trademarks, industrial designs, and trade secrets, among its member countries.
    4. Patent Cooperation Treaty (1970): It is an international treaty administered by the World Intellectual Property Organization (WIPO) to simplify the process of filing patent applications in multiple countries by providing a unified procedure for filing an international patent application.

    Back2Basics:

    Patents Copyright Trade Secrets
    Legal Basis Patents Act, 1970 Copyright Act, 1957 Common law, contracts
    Duration of Protection 20 years Author’s lifetime + 60 years Indefinite
    Nature of Protection Inventions, processes, methods Literary, artistic, musical works Confidential information
    Criteria for Protection Novelty, Inventiveness Originality, Fixation Confidentiality
    Registration Requirement Required Optional (automatic) None (advisable)
    Scope of Protection Technical aspects Expression of ideas Unauthorized use or disclosure
    Enforcement Mechanism Civil litigation Civil and criminal actions Civil litigation
    International Protection Patent protection can be sought internationally through the Patent Cooperation Treaty (PCT) and other international agreements Copyright protection is recognized internationally through the Berne Convention and other treaties Protection of trade secrets can vary internationally and may depend on the laws and regulations of individual countries
    Examples Inventions, software Books, music, software Formulas, processes

     

    PYQ:

     

    2013: Bringing out the circumstances in 2005 which forced an amendment to section 3(d) in Indian Patent Law, 1970, discuss how it has been utilized by the Supreme Court in its judgement in rejecting Novartis’ patent application for ‘Glivec’. Discuss briefly the pros and cons of the decision. (200 words)

    2014: In a globalized world, Intellectual Property Rights assume significance and are a source of litigation. Broadly distinguish between the terms—Copyrights, Patents and Trade Secrets.

  • Passing Off under Trademark Rules

    Why in the news?

    • A lady in New Delhi successfully obtained trademark for her Momos brand from New Delhi High Court, after a similar trademark infringed upon her rights and reputation.
    • The lady’s legal action invoked ‘passing off’ provisions, seeking cancellation of the infringers’ trademark under relevant sections of the Trademarks Act.

    What are Trademarks?

    • A trademark is a symbol, design, word, or phrase that is identified with a business. Registering a trademark allows its owner to claim “exclusive rights” to its usage.
    • The Trademarks Act of 1999 governs the regime of trademarks and their registration in India.
    • It guarantees protection for trademarks registered with the Controller General of Patents, Designs, and Trademarks, also known as the trademark registry.
    • According to Section 25 of the 1999 Act, once registered, a trademark is valid for 10 years and can be renewed by the owner periodically.

    Concept of ‘Passing Off’

    • ‘Passing off’ entails deceptive practices where one brand attempts to profit from the reputation of another through misrepresentation.
    • In Cadila Healthcare Limited vs. Cadila Pharmaceuticals Limited (2001), the Supreme Court defined passing-off as a form of unfair trade competition, where one brand seeks to profit from the established reputation of another through deceptive means.
    • Infringed parties can seek injunctions, damages, or accounts against the infringing entity to mitigate the damages caused.

    Application in the Present Case: Grounds for Trademark Refusal

    • Legal Provisions: Sections 11(1), 11(2), 11(3)(a), and 47 of the Trademarks Act outline grounds for refusal to register trademarks and provisions for removal from the register.
    • Likelihood of Confusion: Trademarks resembling earlier trademarks, leading to public confusion, are ineligible for registration under Section 11(1).
    • Protection of Distinctive Marks: Section 11(2) prohibits registration of marks that take unfair advantage of or harm the reputation of well-known trademarks.
    • Non-Compliance and Non-Usage: Section 47 allows removal of trademarks from the register for non-compliance or non-use, subject to aggrieved parties’ applications.

    Back2Basics: Trademarks vs. Patents

    Trademark Patent
    Purpose Identify and distinguish goods or services Protect new and inventive products or processes
    Laws and Provisions Trademarks Act, 1999 Patents Act, 1970
    Subject Matter Signs like logos, brand names, slogans, packaging Inventions including products, processes, methods
    Duration of Protection 10 years.

    Indefinite with periodic renewal

    		 Typically 20 years from the filing date
    Registration Process File application with Trademarks Registry (i.e. Controller General of Patents) File application with Indian Patent Office
    Rights Granted Exclusive use of the trademark in connection with goods or services Exclusive rights to exploit the invention commercially

     

    PYQ:

    Consider the following statements:

    1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.
    2. In India, there is no Intellectual Property Appellate Board.
    3. Plant varieties are not eligible to be patented in India.

    Which of the statements given above is/are correct?

    1. 1 and 3 only
    2. 2 and 3 only
    3. 3 only
    4. 1, 2 and 3

     

    Practice MCQ:

    With reference to Trademarks in India, consider the following statements:

    1. Trademark can be a symbol, design, word or even a phrase.
    2. It allows its owner to claim “exclusive rights” to its usage
    3. It is valid for 5 years.

    How many of the given statements is/are correct?

    1. One
    2. Two
    3. Three
    4. None

  • Recently awarded GI Tags

    gi tag

    In the news

    • In the past week, many Geographical Indications (GI) Tags were awarded across the states of India.

    About GI Tag

    • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
    • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
    • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
    • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
    • The tag stands valid for 10 years.

    Recently Awarded GI Tags

    [1] Narasapur Crochet Lace Craft:

    Details
    Technique Handcrafted crochet lace-making using fine threads
    Design Intricate patterns and motifs inspired by nature and traditional motifs
    Uniqueness Known for delicate and intricate designs, used in sarees, dress materials, and home decor
    Economic Impact Provides livelihood to local artisans, enhances market value, protects against imitation
    Recognition GI tag promotes cultural heritage, supports economic empowerment of artisans

     

    [2] Mukha Shilpa of Majuli:

    Details
    Origin Majuli, Assam, the world’s largest river island
    Artform Traditional mask-making, also known as Mukha Shilpa
    Material Made from eco-friendly materials like bamboo, clay, and cloth
    Uniqueness Masks depict mythological characters, deities, and animals, preserving Assamese culture
    Cultural Significance Used in traditional Sattriya dance forms, rituals, and festivals
    Economic Impact GI tag promotes tourism, empowers local artisans, supports conservation efforts
    Conservation Efforts Recognition boosts efforts to preserve and promote this ancient art form

     

    [3] Traditional Tribal Attire ‘Risa’:

    Details
    Origin Tripura, northeastern state known for rich tribal culture
    Attire Traditional attire worn by Tripuri tribal women
    Fabric Handwoven cotton fabric with vibrant colors and intricate designs
    Uniqueness Unique weaving techniques and motifs representing tribal identity
    Cultural Heritage Integral part of Tripuri culture, worn during festivals and ceremonies
    Economic Impact GI tag enhances market visibility, supports livelihoods of weavers
    Preservation Efforts Recognition promotes preservation and revival of traditional weaving techniques

     

    [4] Riyawan Garlic (Madhya Pradesh):

    Details
    Origin Riyawan village in Ratlam district, Madhya Pradesh
    Variety Special type of garlic known for unique taste, aroma, and medicinal properties
    Cultivation Grown organically in fertile soil and favorable climate
    Uniqueness Distinct flavor and pungency, popular in culinary uses and Ayurvedic medicine
    Health Benefits Rich in antioxidants, believed to have medicinal properties for various ailments
    Economic Impact GI tag boosts local agriculture, provides economic opportunities to farmers
    Quality Assurance Recognition ensures authenticity and quality, protects against imitation

     

    [5] ‘Chandi Tarakasi’ or Silver Filigree:

    Details
    Origin Cuttack, Odisha, renowned for centuries-old silver filigree craftsmanship
    Craftsmanship Intricate art of twisting and curling thin silver wires to create delicate patterns and designs
    Utility Used in jewelry, utensils, decorative items, and souvenirs
    Uniqueness Unique designs reflecting Odia culture and heritage, passed down through generations
    Artistic Value Prized for craftsmanship and artistic appeal
    Economic Impact GI tag enhances market value, supports local artisans, promotes preservation of cultural heritage
    Cultural Heritage Recognition promotes preservation and continuation of traditional art form

     

    Try this PYQ from CSE Prelims 2018:

    Q.India enacted The Geographical Indications of Goods (Registration and Protection) Act, 1999 in order to comply with the obligations to-

    (a) ILO

    (b) IMF

    (c) UNCTAD

    (d) WTO

     

    [wpdiscuz-feedback id=”2u8zuekcwj” question=”Please leave a feedback on this” opened=”1″]Post your responses here.[/wpdiscuz-feedback]

  • India’s problem — different drugs, identical brand names

    India's problem — different drugs, identical brand names - Rau's IAS

    Central Idea:

    The article highlights the longstanding issue of identical or similar brand names for drugs in India, posing serious risks of confusion and prescription errors. Despite past recommendations, the problem persists due to poor regulatory oversight and a lack of comprehensive databases. The consequences are particularly alarming in a country with a multilingual population and lax pharmacy regulations.

    Key Highlights:

    • Identical brand names for drugs treating different conditions, such as ‘Linamac,’ raise concerns about patient safety.
    • The problem of similar names extends beyond identical matches to include phonetically and visually similar names.
    • The article points out that India’s pharmacies are poorly regulated, increasing the likelihood of errors, especially with drug names being predominantly in English.
    • Previous recommendations from the Supreme Court and Parliamentary Committee were ignored until 2019 when the Ministry of Health introduced rules, but they seem ineffective.

    Key Challenges:

    • Lack of comprehensive data on prescription errors in India hampers understanding and acknowledgment of the problem.
    • Weak regulatory mechanisms and self-certification by pharmaceutical companies contribute to the persistence of confusing drug names.
    • The absence of a centralized database for pharmaceutical brand names complicates efforts to prevent confusingly similar names.
    • Limited political will within the Ministry of Health’s Drug Regulation Section to implement reforms exacerbates the issue.

    Key Terms:

    • Pharmaceutical Trademark Infringement: Legal disputes among pharmaceutical companies over trademarks.
    • Undertaking: A commitment or assurance made by pharmaceutical companies regarding the uniqueness of their drug brand names.
    • CDSCO (Central Drugs Standard Control Organisation): The central regulatory body for pharmaceuticals and medical devices in India.

    Key Phrases:

    • “Identical trade names for drugs with different active ingredients”
    • “Phonetically and visually similar trade names”
    • “Poorly regulated Indian pharmacies”
    • “Flimsy system” for preventing confusing drug names

    Key Quotes:

    • “The consequences of confusion between these medications at the pharmacy can be serious for patients.”
    • “The problem of similar or identical trade names for drugs has been known for several decades.”

    Key Statements:

    • “The Ministry of Health brought in the Drugs and Cosmetics (Thirteenth Amendment) Rules, 2019, putting in place a flimsy system…”
    • “As a country, India has no data on prescription errors. And for the Ministry of Health, the absence of data is the absence of a problem.”

    Key Examples and References:

    • Dr. Vincent Rajkumar’s shock over drugs with identical names treating different conditions.
    • Example of the brand name ‘Medzole’ used by different companies for drugs treating various medical conditions.

    Key Facts:

    • English language used on drug packaging, spoken by less than 10% of the population.
    • Poor regulation of Indian pharmacies dispensing drugs without prescriptions.

    Critical Analysis:

    The article critically assesses the inadequacies of the regulatory framework, emphasizing the ineffective self-certification system and the absence of a centralized database. It underscores the lack of political will to address a long-standing issue that jeopardizes patient safety.

    Way Forward:

    • Establish a comprehensive database of pharmaceutical brand names.
    • Strengthen regulatory mechanisms to prevent confusingly similar drug names.
    • Implement effective measures, possibly modeled after systems in the United States and Europe, to minimize prescription errors.
    • Increase awareness among pharmaceutical companies about the importance of unique and easily distinguishable drug names.
    • Advocate for policy changes that prioritize patient safety in drug nomenclature.

    In conclusion, addressing the issue requires a multi-faceted approach involving regulatory reforms, data collection, and industry awareness to ensure patient safety in the pharmaceutical landscape in India.

  • Should AI models be allowed to use copyrighted material for training?

    Should AI models be allowed to use copyrighted material for training? - The Hindu

    Central Idea:

    The article explores the legal implications of the New York Times (NYT) filing a lawsuit against OpenAI and Microsoft for alleged copyright infringement. The focus is on the fair use doctrine, comparing U.S. and Indian laws, and discussing the broader issue of copyright for AI-generated material.

    Key Highlights:

    • The fair use doctrine in the U.S., governed by Section 107 of the Copyright Act, involves a four-factor test, making it challenging to predict outcomes.
    • The lawsuit revolves around OpenAI’s use of NYT articles to train ChatGPT without permission, potentially impacting NYT’s business model.
    • Fair use analysis considers factors such as the purpose of use, nature of copyrighted work, amount used, and the impact on the original’s market value.
    • The generative AI case presents a unique scenario with both parties having strong arguments, emphasizing the challenge in predicting fair use outcomes.
    • The absence of specific text and data mining exceptions in Indian law raises concerns about the justification for AI training within the fair dealing framework.

    Key Challenges:

    • Determining whether OpenAI’s use of NYT’s content is transformative and not a substitute for the original source.
    • The verbatim reproduction of NYT’s content complicates the fair use analysis.
    • Lack of specific text and data mining exceptions in Indian law poses challenges for justifying AI training under fair dealing.

    Key Terms:

    • Fair use doctrine: Legal principle allowing limited use of copyrighted material without permission.
    • Generative AI: Artificial intelligence capable of creating new content.
    • Fair dealing: Legal concept allowing limited use of copyrighted material for specific purposes.
    • Copyright infringement: Unauthorized use of copyrighted material.
    • Text and data mining: Automated analysis of large datasets to extract information.

    Key Phrases:

    • “Transformative use”: Argument that the use of copyrighted material adds new value and does not replace the original.
    • “Fair use analysis“: Evaluation of factors to determine if the use of copyrighted material is permissible.
    • “Verbatim reproduction”: Exact copying of content without modification.
    • “Fair dealing exception“: Legal provision allowing specific uses of copyrighted material in India.

    Key Quotes:

    • “OpenAI has a good case, but so does the NYT.”
    • “The fair use analysis is notoriously difficult to predict.”
    • “The court will have to take a very liberal interpretation of the purposes mentioned if it wants to accommodate training.”
    • “The U.S. Copyright Office has said that AI-generated material is not copyrightable.”
    • “A market-based solution is likely here.”

    Anecdotes:

    • The article refers to the 1984 case involving Sony and Universal Studios, highlighting the importance of substantial non-infringing use in copyright cases.
    • Mention of the case involving a monkey in Indonesia and the copyright of selfies, emphasizing the requirement of a human author in copyright law.

    Key Statements:

    • “The fair use analysis is notoriously difficult to predict.”
    • “The absence of specific text and data mining exceptions in India raises concerns about justifying AI training within the fair dealing framework.”

    Key Examples and References:

    • Google Books, thumbnails, and scraping cases cited as precedents for transformative use.
    • Comparison with Canada’s liberal interpretation of fair dealing in similar cases.
    • Reference to the Digital Millennium Copyright Act as a legislative solution to manage copyright infringement on online platforms.

    Key Facts and Data:

    • OpenAI allegedly used thousands of NYT articles for ChatGPT’s training without permission.
    • The fair use doctrine dates back to 1841, with a balancing test used in copyright cases.
    • The U.S. Copyright Office has stated that AI-generated material is not copyrightable.

    Critical Analysis:

    • The article acknowledges the complexity of fair use analysis and the challenges posed by verbatim reproduction.
    • It highlights the need for a liberal interpretation of fair dealing in Indian law to accommodate AI training.
    • The potential impact of digital protection measures being overridden on fair use analysis is discussed.

    Way Forward:

    • Suggests the need for a market-based solution, similar to the music industry’s response to peer-to-peer file sharing.
    • Emphasizes the importance of fine-tuning policies to promote creativity while addressing concerns about ownership in AI-generated content.
    • Advocates for clear guidelines on AI use in copyright applications to ensure transparency.

    In conclusion, the article navigates through the legal complexities of AI training on copyrighted material, touching upon fair use doctrines, international comparisons, and the evolving landscape of AI-generated content within copyright laws. It suggests potential solutions and underscores the importance of balancing innovation with copyright protection.

  • From Red Ant Chutney to Black Rice: 7 Odisha products have bagged GI tags

    red ant

    Introduction

    • Seven products from Odisha, including traditional foods and handicrafts, have received the Geographical Indication (GI) tag.

    About GI Tag

    • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
    • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
    • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
    • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
    • The tag stands valid for 10 years.

    Odisha’s GI Tagged Products

    [1] Kapdaganda Shawl

    • Cultural Emblem: Woven by the Dongria Kondh tribe, this shawl is a symbol of heritage and affection, embroidered with significant colors representing nature and emotions.
    • Symbol of Commitment: Often presented during courtship, it signifies formal commitment and is a testament to the tribe’s rich textile legacy.

    [2] Lanjia Saura Painting (Idital)

    • Tribal Artistry: Belonging to the Lanjia Saura community, these murals painted on mud walls are not just art but a spiritual expression of gratitude and well-being.
    • Diverse Representations: With 62 types for various occasions, these paintings reflect the community’s deep connection with nature and their ancestors.

    [3] Koraput Kala Jeera Rice

    • Aromatic Heritage: Known as the ‘Prince of Rice’, this black-coloured variety is celebrated for its taste and nutritional benefits, preserved by tribal farmers for centuries.
    • Health and Tradition: Beyond its culinary appeal, the rice is intertwined with tales of physical, mental, and spiritual well-being.

    [4] Similipal Kai Chutney

    • Forest Delicacy: Made from red weaver ants found in the Similipal forests, this chutney is a traditional tribal delicacy packed with nutritional and medicinal value.
    • Sustainable Livelihood: The preparation and sale of this chutney provide a source of income for the local tribes, reflecting a harmonious relationship with nature.

    [5] Nayagarh Kanteimundi Brinjal

    • Distinctive Flavour: Known for its prickly thorns and unique taste, this brinjal variety is a culinary favorite, cultivated extensively in Nayagarh district.
    • Agricultural Pride: With a history of cultivation dating back nearly a century, this brinjal represents the agricultural ingenuity and tradition of the region.

    [6] Odisha Khajuri Guda

    • Natural Sweetener: Extracted from date palm trees, this jaggery is an organic delight, known for its dark brown color and unique taste.
    • Cultural Sweetness: Traditionally prepared in a trapezoidal form, it’s not just a sweetener but a part of the cultural fabric of Odisha.

    [7] Dhenkanal Magji

    • Cheese-Based Sweet: Originating from buffalo milk cheese, this sweet is known for its distinct characteristics and nutritional value.
    • Legacy of Livelihood: Reflecting the region’s history of buffalo rearing and dairy production, this sweet contributes to the livelihood of thousands.

  • GI tag for Sea Buckthorn

    Sea Buckthorn

    Central Idea

    • The Geographical Indication Registry has officially granted the GI tag to ‘Ladakh Sea Buckthorn’.
    • It is the fourth GI tag after Apricot (Raktsey Karpo), Pashmina, and Ladakhi Wood Carving in Ladakh.

    About Sea Buckthorn

    • Sea buckthorn is a plant that grows in Europe and Asia.
    • In India, it’s found in the Himalayan region, especially in dry places like the cold deserts of Ladakh and Spiti.
    • This plant produces small orange or yellow berries that are sour but full of vitamins, especially vitamin C.
    • It can survive really hot and really cold temperatures, which makes it perfect for the cold deserts.
    • Every part of the plant—berries, leaves, twigs, roots, and thorns—are useful for medicine, food, fuel, and fencing.
    • It’s also a vital food source for many birds and provides nutritious food for animals like sheep, goats, donkeys, cattle, and camels in the cold desert regions.
    • It is often called the ‘Wonder Plant,’ ‘Ladakh Gold,’ ‘Golden Bush,’ or ‘Gold Mine’ of the cold deserts.

    Back2Basics: GI Tag

    • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
    • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
    • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
    • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
    • The tag stands valid for 10 years.

  • Copyright Protection for Religious Texts

    copyright

    Central Idea

    • The recent ruling by the Delhi High Court has brought attention to copyright infringement concerning religious texts, particularly the Bhaktivedanta Book Trust’s works on Indian religious philosophy and spiritualism.
    • This landmark case addresses copyright protection for sacred texts and the implications for digital platforms.
    • Let’s explore the details of the case and its broader implications.

    Are Religious Texts Copyright-Protected?

    • Public Domain: Most religious scriptures, such as the Old Testament and New Testament, are in the public domain. Copyright law does not apply to works in the public domain.
    • Exceptions: Modern translations of religious texts, like the New International Version (NIV) of the Bible, may enjoy copyright protection as they represent new creative works by translators.
    • Protections: Additionally, transformative works, like television adaptations of epics like the Ramayana and Mahabharata, are protected.

    Understanding Copyright Law in India

    • Scope of Protection: The Indian Copyright Act of 1957 safeguards “original work,” creative expressions independently created and fixed in a tangible medium.
    • Exclusive Rights: It grants exclusive rights to creators/authors, including the right to use, reproduce, distribute, perform, and display their work.
    • Transformative Works: The Act also protects transformative works, which creatively modify, reinterpret, or build upon existing material to create something distinct.

    Duration of Copyright Protection

    Literary, Dramatic, Musical, Artistic Works Lifetime of the author plus 60 years from the year following the author’s death or last surviving author’s death.
    Cinematographic Films 60 years from the year of publication or creation.
    Sound Recordings 60 years from the year of first publication.
    Anonymous or Pseudonymous Works 60 years from the year of publication, or lifetime of the author plus 60 years if the author’s identity is disclosed during this period.

    Bhaktivedanta Book Trust’s Case

    • Founder’s Works: The trust claimed copyright ownership of its founder’s works, which had simplified religious books and scriptures, making them accessible to the common man.
    • Infringement Allegation: The trust alleged that various websites, mobile apps, and Instagram handles were reproducing a significant number of its copyrighted works almost verbatim on their online platforms without authorization, constituting infringement.

    Delhi High Court’s Ruling

    • Copyright Protection: The court ruled that adaptations of sacred scriptures, including explanations, meanings, interpretations, and audio-visual works, are entitled to copyright protection because they represent original works by authors themselves.
    • Reproduction Clarification: While the reproduction of the actual text of sacred texts, such as the Srimad Bhagavad Gita, is permissible, the court emphasized that copyright protection applies to the original parts of literary works that preach, teach, or explain the scripture.
    • Trust’s Rights: Given that Srila Prabhupada had entrusted the copyrights to be administered by the Bhaktivedanta Book Trust, the court emphasized that the works cannot be reproduced without the trust’s authorization, license, or permission.
    • Preventing Piracy: The court acknowledged that unauthorized reproduction, including shlokas (verses), translations, and interpretations, by defendant entities would result in immense revenue loss for the trust.

    Conclusion

    • The Delhi High Court’s ruling on copyright protection for religious texts has far-reaching implications for safeguarding the originality and rights associated with sacred scriptures.
    • While religious texts themselves may not be copyright-protected, creative adaptations, explanations, and interpretations enjoy legal protection.
    • This decision serves as a precedent for preserving the intellectual property rights of organizations involved in disseminating spiritual knowledge while discouraging unauthorized reproduction and piracy.